PLAINTIFFS' AND FEDERAL DEFENDANTS' STIPULATION AND ORDER REGARDING THE DEADLINE FOR MOTION FOR ATTORNEYS' FEES AND COSTS

Whereas by order dated February 28, 2013, the Court stayed briefing on Plaintiffs' petition for costs and attorney fees until April 26, 2013, by which time the Parties were to advise the Court on the status of the their settlement discussions. Dkt. No. 134; Whereas Plaintiffs and Federal Defendants have engaged in substantive good-faith discussions attempting to negotiate a settlement of the issue of costs and attorney fees; Whereas on April 16, 2013, Plaintiffs and Federal Defendants reached an agreement in principle on Plaintiffs' claim for costs and attorney fees; Whereas this agreement is subject to the review and approval by the appropriate supervisory officials at the Department of Justice and Department of Agriculture; Whereas the Federal Defendants estimate that it will take approximately ninety (90) days to perform the review and approval of the agreement in principle;

Whereas Defendant-Intervenors have not participated in the negotiations, and thus have not formed a position but have been consulted regarding this stipulation and do not oppose any request that the primary parties continue negotiations; Accordingly, Plaintiffs and Federal Defendants stipulate and agree, and request that the Court enter an order staying until July 25, 2013, the deadline for Plaintiffs to file a motion for attorneys' fees, costs, and other expenses. If no agreement appears forthcoming, the Parties will submit a proposed schedule for briefing the fee petition. By entering into this Stipulation, Federal Defendants do not waive any defenses as to whether Plaintiffs are entitled to any attorneys' fees, costs or expenses in this case.

This matter having come before the Court upon Plaintiffs' and Federal Defendants' stipulation and proposed order regarding the deadline for motion for attorneys' fees and costs, and the Court being fully advised in the premises and good cause appearing;

IT IS HEREBY ORDERED that briefing on Plaintiffs' application for fees and costs is stayed until July 25, 2013. If no agreement appears forthcoming, the Parties will submit a proposed schedule for briefing the fee petition.

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